{
    "case_number": "CAC-UDRP-107726",
    "time_of_filling": "2025-07-08 16:54:01",
    "domain_names": [
        "daikingeorgia.com"
    ],
    "case_administrator": "Michael Volák (CAC) (Case admin)",
    "complainant": [
        "Daikin Europe NV"
    ],
    "complainant_representative": "John Noesen (Winger Trademarks BV)",
    "respondent": [
        "Chong Man Wai"
    ],
    "respondent_representative": null,
    "factual_background": "<p>According to the information provided by the Registrar the disputed domain name &nbsp;&lt;daikingeorgia.com&gt; was first registered on 26 January 2015 and lastly updated on 8 July 2025. &nbsp;&nbsp;&nbsp;<br \/><br \/>The disputed domain name currently redirects to a Thai sport and betting website called Fast168.&nbsp;<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
    "no_response_filed": "<p><strong>Complainant:<\/strong><br \/>Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <br \/><br \/>According to the information provided by Complainant Complainant was founded in 1924 as a modest metalworking company. Daikin has grown into the world's largest air-conditioning company active in more than 170 countries. Daikin&rsquo;s presence today spans across Asia, Europe, the Americas, the Middle East, and Africa with operations in over 170 countries and over 29 billion dollars in revenue worldwide.<br \/><br \/>According to Complainant the disputed domain name is confusingly similar to Complainant's trademark. Complainant asserts that the disputed domain name contains the entirety of Complainant&rsquo;s well-known DAIKIN mark with addition of the geographic term &ldquo;Georgia&rdquo;. Complainant submits that the addition of other terms - including geographic terms - does not prevent a finding of confusing similarity where the trademark is recognizable within the disputed domain name (as in this case).<\/p>\n<p>According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant is not affiliated in any way with Respondent and has never authorized Respondent to register or use the disputed domain name or the DAIKIN trademark. Upon information and belief, Respondent is not commonly known by the name &ldquo;Daikin Georgia&rdquo; or any variation thereof. Moreover, Complainant has not licensed or otherwise permitted Respondent &ndash; or any other party for that matter - to use any of its trademark or to apply for or use any domain name incorporating its mark. It is not a domain name traders would legitimately choose unless seeking to create an impression of an association with Complainant. Complainant asserts that Respondent&rsquo;s use of the disputed domain name cannot be considered &ldquo;fair&rdquo; as it falsely suggests affiliation with the trademark owner. Where a domain name consists of a trademark plus an additional term such as a geographical indication, such composition cannot constitute fair use as it effectively impersonates or suggests sponsorship or endorsement by the trademark owner.<br \/><br \/>According to Complainant the disputed domain name is registered and is being used in bad faith. Complainant submits that information on the exact date of registration of the disouted domain name by Respondent is not available. The Whois information shows a registration date on 26 January 2015 and an update date on 8 July 2025. Considering the matter only recently came to the attention of Complainant, Respondent is likely to have acquired the domain closer to the update date. Nevertheless, even with a registration date in 2015 &nbsp;the domain name registration comes well after the reputation and the recognizable character of the brand DAIKIN was established and well after the name had been registered as a trademark. Given the widespread publicity and fame of the DAIKIN trademark it is indisputable that Respondent had knowledge of Complainant&rsquo;s famous mark prior to the registration of the disputed domain name.<br \/>Complainant submits that Respondent is attempting to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with Complainant&rsquo;s mark as to the source, sponsorship, affiliation, or endorsement of Respondent&rsquo;s website or location or of a product or service on Respondent&rsquo;s website or location. The combination of the famous DAIKIN trademark with the geographic description &ldquo;Georgia&rdquo; inevitably conveys that the domain name is owned or authorized by Complainant. Complainant further submits that the current use of the disputed domain name resolving to a Thai sport and betting website tarnishes Complainant&rsquo;s mark by establishing an open association with unregulated gambling, an adult-oriented practice that can be highly problematic, when not illegal. The diversion of the disputed domain name to a gambling website is itself certainly consistent with the finding that the disputed domain name was registered and is being used in bad faith.<br \/><br \/><strong>Respondent<\/strong><br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>Complainant has, to the satisfaction of the Panel, shown Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2025-08-18 00:00:00",
    "informal_english_translation": "<p>Complainant is the owner of multiple trademarks for DAIKIN, including the trademark DAIKIN registered with the United States Patent and Trademark with Serial Number 72348653 and registration date 8 June 1971.&nbsp;<\/p>",
    "decision_domains": {
        "daikingeorgia.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}